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Madras High CourtCRL OP/10379/2021disposed of

Jothikumar v. The Deputy Superintendent Of Police,

2021-06-14Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.10379 of 2021 Jothikumar ... Petitioner

Versus

1.The Deputy Superintendent of Police, Chengam Sub-Division, Thiruvannamalai District.

2.State By, The Inspector of Police, Melchengam Police Station, Thiruvannamalai District.

(Crime No.83 of 2021) 3.Vishnu ... Respondents Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Principal District Sessions Judge, Thiruvannamalai (Special Court for SC/ST POA, Act Cases) to consider the bail petition of the petitioner on the same day in the event of surrender by the petitioner and seeks bail in Crime No.83 of 2021 pending on the file of the The Inspector of Police, Melchengam Police Station, Thiruvannamalai District.

For Petitioner :

Mr.S.Silambuselvan For Respondents :

Mr.Damodharan, Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed seeking a direction, to direct the learned Sessions Judge, Special Court for Trial Cases under SC/ST (POA) Act, Thiruvannamalai to consider the bail application of the petitioner on the same day of his surrender in Crime No.83 of 2021 on the file of the Inspector of Police, Melchengam Police Station, Thiruvannamalai District.

https://hcservices.ecourts.gov.in/hcservices/

2.In view of the amendments made in the Schedule Castes and the Schedule Tribes (Prevention of Atrocities ) Act, 1989, this Court is of the view that the usual directions that were issued by this Court cannot be issued routinely in all cases. Therefore, the petitioner is directed to surrender before the Trial Court, within a period of two weeks from the date of receipt of a copy of this order and on such surrender, the learned Sessions Judge, Special Court for Trial Cases under SC/ST (POA) Act, Thiruvannamalai, shall deal with the matter on the same day on merits and in accordance with law, after issuing notice to the victims under Section 15-A(3) of the SC/ST Act. 3.This Criminal Original Petition is disposed of with the above directions.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar klt To 1.The learned Sessions Judge, Special Court for Trial Cases under SC/ST (POA) Act, Thiruvannamalai District.

2.The Deputy Superintendent of Police, Chengam Sub-Division, Thiruvannamalai District.

3.The Inspector of Police, Melchengam Police Station, Thiruvannamalai District.

4.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Silambu Selvan, Advocate SR.No.27781 CRL.O.P.No.10379 of 2021 SR II(CO) SB(15/07/2021) https://hcservices.ecourts.gov.in/hcservices/